Terms and Conditions
This Website and Online Superstore is owned and operated by the Home & Garden Centre Ltd. in conjunction with its associates, affiliates, licensees, suppliers and franchisees, hereinafter collectively referred to as “HGC”, "we" or "us".
In these General Terms and Conditions:-
- “T&C” means these General Terms and Conditions of Use and Sale of Goods together with any other T&C that may be applicable to your order.
- "Content" means all information, advice, listings and down loadable materials contained or included by reference or accessed from this Website;
- “HGC” and "The Home & Garden Centre" means The Home & Garden Centre Ltd, the Benfield ATT Group of companies, their associates, affiliates, licensees, suppliers and franchisees, and any other connected organisation that supplies the Goods and any successor to their businesses;
- "We" and "Us" means HGC either alone or together with you, as the context requires;
- "Website" means this or any associated website
- “Goods” means any products, materials, downloadable items, or services listed on this website or otherwise offered by HGC
- "Working day" means every day of the year except Saturdays, Sundays, and English statutory and public holidays.
General Terms & Conditions (T&C)
These T&C set out the basis on which you can visit and use HGC’s website/s, including all information, advice and downloaded materials contained or included by reference or access from it / them, and the purchase of Goods from us. They may be supplemented by terms and conditions shown on associated websites, departments, categories or classifications selected on or from this website. Please read them carefully as they contain important information. Any questions about these T&C’s, any comments or complaints on or about our Website or Web Superstore, or any other correspondence should be sent to us at the address given at the end of these T&C.
- Ownership Rights
All rights, including copyright, logos and domain names in this and associated websites and displayed elsewhere are owned by Dr Michael Benfield (MB) and licensed for use to HGC.
- Use of Website/s
The design, organisation, content, information, material and other elements of this Website is subject to copyright and other intellectual property rights of MB.
- Any downloading, printing or copying from or other use of Website or material shall not assign or transfer title or grant any right to any third party in respect of any software or other material on it. HGC grants you a non-exclusive personal licence within the United Kingdom only to access this content for your own personal domestic use, including copies of this Website on your computer and printing off hard copies for that purpose.
- This licence shall include information booklets and any other material downloaded from this Website. HGC has the right to revoke this licence at any time or to remove content from the scope of the licence.
- Neither MB nor HGC make any representation that any information or content on or associated with this Website is appropriate or available for use in countries other than the United Kingdom.
- The material contained on this Website may not be modified, deleted, reproduced or used or otherwise made available for any other purpose without HGC’s prior written permission.
- Any use of this website or HGC’s name and or logo/s, the website’s content, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our written permission.
- You may not modify, distribute or re-post anything on our website for any purpose without such permission.
- Where any of the copyright items on this site are being republished or copied to others the source of the material must be identified.
- The permission to reproduce protected material does not extend to any material on this site that is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned. We encourage users to establish hypertext links to this site
- No Advice or Offer regarding Securities
While HGC may from time to time advertise financial products or securities in various financial markets, the information contained on this website (or on any website to which this Website may from time to time have hypertext links) does not constitute an offer to sell or solicitation of an offer to buy securities issued by HGC, nor is it intended to constitute or shall it otherwise be deemed to be an invitation or inducement to invest in any securities of HGC nor does it provide or constitute any advice or recommendation in connection with the acquisition or disposal of any mortgage, loan, investment, or any other investment decision or transaction. Under no circumstances may information contained on this website be treated as any form of financial, legal investment, tax ,or any other advice.
Nothing on this Website (or on any website to which this Website may from time to time have hypertext links) constitutes an offer of securities and no securities have been, or will be, registered with any securities regulatory authority of any Country
- Accuracy of Content
While every care has been taken to ensure the accuracy of this Website, especially in relation to prices and description of Goods at time of publication, it has been prepared to provide general information about HGC and the Goods available. Accordingly HGC makes no representation and gives no warranty, express or implied, as to accuracy or completeness and accepts no responsibility for any error or omission, but reserves an absolute right to change or remove any piece of information contained herein at its sole discretion.
- Information of a historical nature may be out of date and should be understood in this context.
- Orders will only be accepted on the basis that there are no material errors in the description of the Goods or the prices stated. All prices are displayed inclusive of VAT.
- Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only.
- Appearance: While every effort is made to display the colours and appearances of Goods as accurately as possible, what you actually see will depend on your monitor and HGC does not guarantee that your monitor' will display any representation accurately or that this will reflect the Goods delivered.
- Liability: To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website or in store. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website or in store.
- Damage to your Data and Computer
We make every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this Website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Website and screen out anything that may damage it. We shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Website.
- Availability of Goods
All items contained on or referred to in this Website or elsewhere, including Content that can be downloaded, are subject to availability and HGC has the right to withdraw any product or service at any time without notice. We will inform you as soon as possible if the Goods you have ordered are not available. Please see delivery information at the end of these terms and conditions for more details.
- Product Information
HGC cannot guarantee that the appearance and/or colours of the Goods shown on this Website exactly reproduce the appearance and/or colours of the physical Goods themselves and the right to substitute materials in any item with other materials considered by HGC to be of equivalent quality and performance is retained.
Where the Content includes information relating to the prices of any product or service HGC has the right to change any such pricing information at any time without notice.
- Application of these T&C’s
By placing an order for a product from this Website you accept these terms and conditions, and they shall be incorporated in every contract for the purchase of Goods from our Website/s.
- Invitation to Treat
Goods are listed and advertised by way of invitation to treat only and HGC reserves the right to decline to sell any Goods..
- Acknowledgment and Acceptance of your Order
Although you will automatically receive email confirmation of receipt of your order, the contract for our sale and your purchase of the Goods will not be made until we email, fax or post to you a formal confirmation of acceptance of your order and payment. This contract shall be formed at the place from which our acceptance email, fax or written confirmation is sent to you. If you have not supplied us with your email address, our confirmation of order page at the end of our ordering process will act as confirmation that we have received your order. No contract will be formed until you receive confirmation from us that we have accepted your order.
As noted above, no contract will subsist between you and HGC for the sale of any Goods unless and until HGC confirms by email that your order has been accepted.
Once a contract is concluded between us you may contact the HGC Helpline at the address given in the email confirming your order. The Helpline can provide information on your order.
- Additional T&C’s
Depending on the Goods that you wish to order, additional T&C’s may apply, as for instance with design, manufacture and build Goods. Such T&C’s will either be available on the Website department, section, or company where you are ordering the goods from, or will be provided to you with any separate pre-order quotation for your acceptance.
- Invitation to Treat
- VAT & Delivery Costs
Unless otherwise stated, all prices for Goods listed are inclusive of VAT. Delivery is included, unless otherwise stated (see Delivery Charges below). Such delivery charges and any additional charges are clearly displayed where they apply.
- Delivery Lead Times
All lead times shown on our site is that usually expected as quoted to us by the supplier. These however may change on some occasions and is beyond our control. If and when this occurs you will be advised and should you wish to cancel you may do so without penalty.
- Notification of Delivery
When you order your Goods we will, wherever possible, give you an indication of the day of your delivery.
- Delivery Arrangements
While a delivery day will be pre-arranged with you, please remember that it is generally not possible for us to contact the delivery driver when he has left the depot. Since a signature is required on delivery, if you have to go out a signed note pinned to your door telling the driver where to leave the Goods is acceptable as proof of delivery. Otherwise a re-delivery charge will be incurred.
- Delivery Point
Dependant upon the nature of the item delivery this is at the drivers / manufacturers / suppliers discretion and may be to kerbside delivery on hard-standing road only. We will only enter or drive on to your property at the discretion of our driver and with your permission.
- Smaller Goods
We aim to deliver most smaller items within 5 working days. This will normally be by Royal Mail. If we anticipate a delay of more than 14 days we will endeavour to contact you to see whether you are prepared to wait. Some Goods are held in stock at the distributors who arrange delivery on our behalf. The normal delivery time for these is approximately 3-7 working days.
- Larger & Specially Made Goods
Delivery times for items made especially for you are dependant upon the manufacturers workload. However 2-3 weeks is the norm. Items delivered direct to you from our supplier or importers have a usual delivery of around 2-3 weeks but please allow 28 days. However this can be up to 10 weeks in the case of some custom produced Goods. If lead-time is critical to you please contact us prior to placing your order. This is for guidance only and is subject to change without notice or recompense. We cannot under any circumstances accept responsibility for delay in installation or any costs incurred by you due to delayed delivery as this is outside of our control.
- Delivery Liability
Our liability only extends to that which it has to be in law.
- Notification of Delivery
- Delivery Charges
- As noted above, unless otherwise stated, for most orders the cost of delivery in England, Wales and the Scottish Lowlands is built into the price. However in the event that you cancel your order after despatch you may be responsible for paying any costs incurred in delivery together with any costs of collecting any cancelled order. More information is given below.
- We will quote you on an individual basis for items where delivery is not included, and for Goods to be delivered to the Scottish Highlands, Northern Ireland, the Republic of Ireland, the Channel Islands, and near Europe, depending upon distance and the type of Goods involved. Please see delivery information at the end of these T&C for more details.
- Your right to cancel
If you order over the phone or online you have the legal right to cancel your order within seven working days, except for flowers, perishable Goods and items made or provided to order (e.g. bespoke drawings, buildings, etc.). Where Goods are delivered to a third party (e.g. as a gift) you will only be able to exercise this right if you are able to return the Goods you ordered to an address nominated by us. To cancel your order you must notify us in writing at the address/es given below and obtain written (e-mail) confirmation from us that your cancellation notice has been received. Alternatively you may serve this notice of cancellation by facsimile to the fax number given below, or by recorded delivery letter to the address given below.
If you cancel for any reason you must return to us any Goods that have been delivered to you. These must not have been used and must be returned in their original, undamaged packaging. We will (at your option) exchange the Goods or refund you the amount paid for the Goods only and not the delivery charges (we retain the right to remove the delivery charges from the full amount of the Order). If you cancel your order and wish us to arrange for the collection of the Goods we shall also deduct from the amount refunded to you the cost of such collection charged to us by our carrier. Details of such costs are given below.
- Returns policy after receipt of Goods
While Goods are not sold on a trial basis, if, after you have received your Goods, you find you have ordered incorrectly, or the items are unsuitable, you can return any item to an address nominated by us at your own cost for a refund or an exchange as long as it is unused and returned in the original packaging. Administration, re-stocking, inclusive delivery and carriage costs may apply. These may be notified individually for your acceptance before we accept the return.
- Small items
If you have opened the box, but not used the product we will refund the cost minus a re-stocking fee of 10% and minus any relevant delivery charges. If the cost of the item was under £25.00 we will offer a full refund less any relevant delivery and restocking charges. Goods must be returned with Proof of Purchase and complete with all components including instruction booklets etc. Your statutory rights are not affected. (see www.financial-ombudsman.org.uk ). You can take the item to any HGC nominated depot by prior arrangement.
- Larger Items, e.g. Greenhouses, Sheds, Cabins, Garages, Trampolines, Barbecues, Garden Furniture
Once satisfactory delivery has taken place refunds or exchanges can only be given in accordance with your legal rights. If you have ordered incorrectly and require the Goods to be picked up we will advise you of the costs of collection / return freight / handling charges that may apply. In addition Goods not returned in a satisfactory, re-saleable condition may, at the manufacturers discretion be subject to further costs, payable by you. Damage caused by yourself due to failure to read the instructions or inappropriate opening of cartons using a knife are NOT covered by the manufacturers warranty.
- Faulty, Missing, or Damaged Goods
In the unlikely event of their being any faulty, missing or damaged Goods you must notify both the carrier and HGC by e-mail or fax within 24 hours of delivery. We will then endeavour to rectify the problem as soon as possible, but in some circumstances we may not be able to do so straight away as parts may have to be sent from outside of the UK or manufactured for you. We cannot under any circumstances accept responsibility for delay in installation or any costs incurred by you due to faulty or missing parts as this is outside of our control. However we will do our utmost to resolve the issue as soon as possible and will consider arranging partial or total replacement. If you wish HGC will endeavour to arrange for you to return faulty, incorrect or damaged Goods direct to the supplier. Alternatively, at your request, HGC will attempt to arrange for collection of such Goods by the supplier. Unless the supplier states otherwise, you should not be required to bear the cost of such collection.
- Legal Rights Only
Once satisfactory delivery has been taken, refunds or exchanges can only be given in accordance with your legal rights. You have up to seven working days after taking delivery to inform us that you require a refund. Please call our Customer Service team on 01291 437 062 or by email at firstname.lastname@example.org who will inform you of collection options and explain our refunds process. You will be required to keep the item in a resalable condition. If we collect the item from you we will charge you the cost of collection and any necessary repackaging or restocking costs. This returns policy is in addition to any statutory rights you may have as a consumer, which remain unaffected. If you wish to claim any other rights you must put these in writing to the address given above stating specifically what these are and the specific legislation under which they arise.
- Restocking / Administration Charge
For all orders cancelled, or refunds requested for returned Goods a re-stocking/ administration fee of £25.00 is made and will be deducted from any refund made.
While any refund has to pass through our accounting and banking system, which takes time to process, we will endeavour to make all refunds within 30 days of the date of cancellation, subject to receipt by us of the relevant Goods. Likewise we will endeavour to make refunds for faulty, incorrect or damaged Goods within 30 days of the date of return of the Goods. To cancel your order or report any faulty, incorrect or damaged Goods, please write or fax to our Customer Services Department at the address given below.
- Returns policy after receipt of Goods
- Limitation of Liability
Information contained on this Website is for general guidance only. Although we make every effort to ensure that information and advice on this Website is accurate, the appropriate materials, tools and methods can vary widely based on the specific facts involved. Accordingly, information provided on the Website is unlikely to be comprehensive.
You are responsible for reading applying any manuals and safety instructions provided with tools, products or materials used in carrying out any project and HGC shall not be liable to anyone where performance of any obligation to you is prevented, frustrated or impeded by any circumstance or cause beyond our reasonable control which shall include, but not be limited to, acts of God, strikes or any other industrial action, war, civil commotion, acts of government or any change in statute, order or regulation having the force of law that affects our operation or affairs. If any such circumstances occur we will discharge our obligations as soon as practicable after such circumstances have ceased to affect our operations.
A person who is not a party to any contract entered into by us has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
- Your Experience
If you are inexperienced in carrying out any work related to the Goods, or are unsure of your abilities, you should always seek expert advice from appropriate qualified consultants and service providers. It is your responsibility to ensure that you read and follow all product use and safety information at all times.
The free advice service is provided to assist you with your projects and is provided in good faith on the basis that the information supplied by you is complete and accurate. However, such advice should not be relied upon in substitution for appropriate professional expert advice, and HGC accepts no responsibility for the consequences from following such advice.
- Electricity, Gas, Water
HGC is unable to offer advice regarding electricity, gas or water and recommends that you always consult an appropriate professional electrician or CORGI registered gas fitter / plumber. When working with electricity always turn off at the mains.
- Extent of Liability
HGC does not accept liability to anyone whether for negligence, breach of contract, misrepresentation or otherwise, or for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage and its entire liability under or in connection with the supply of Goods is limited, in respect of each event or series of connected events, to the cost of the defective, damaged or undelivered Goods giving rise to such liability as determined by the net price invoiced for the products.
Notwithstanding the above, HGC’s entire liability under or in connection with the supply of information or advice from this Website whether for negligence, misrepresentation or otherwise, is limited, in respect of each event or series of connected events, to £100.
- Negligence and Fraud
These disclaimers and exclusions of liability do not apply to any damages arising from death or personal injury caused by the negligence of ourselves, our employees, agents or fraudulent misrepresentation and they shall be governed by and construed in accordance with English Law.
- Severable Provisions
If any provisions in these T&C is found to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity or impair the continuation in force of the remainder of these terms and conditions.
- Official Orders are accepted from all Government departments, the MOD, schools and higher education, health authorities, Times 100 companies, and approved credit accounts. Should you wish to order please fax or post your signed official order to the Official Orders Services Team at the address given below and we will invoice accordingly.
- Applicable Law
Any contract made between us shall be in the English language and will be governed by English law with the courts of England and Wales having exclusive jurisdiction to settle any dispute arising from or connected with the sale or use of Goods from HGC save only that any such dispute shall first be referred to the Centre for Dispute Resolution in an effort to resolve the matter before any legal action is initiated.
- Other Legal Notices
There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these T&C govern your use of this website.
- Changes to Legal Notices
We reserve the right to change these terms & conditions from time to time and you should look through them as often as possible.
- Use of this Website from outside the UK and purchase of Goods for use outside the UK
Unless otherwise specified, the Goods advertised are directed solely at those who access HGC services from the UK mainland. No representation is made that any such Goods are appropriate for use, or available in other locations. Those who choose to access the website from other locations are responsible for compliance with local laws and taxes if and to the extent local laws and taxes are applicable.
- Other Legal Notices
- Contact Details
Registered office of HGC
Home & Garden Centre Ltd
Benfield ATT Group
5 - 6 Castle Way
Severnbridge Industrial Estate
Monmouthshire NP26 5YG
Tel: +44 (0) 1291 437 062 Fax +44 (0)1291 423 759. e-mail: email@example.com
Registered in England under no. 4082223 VAT registration number: 810903265
BY PLACING ANY ORDER WITH US YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS
Home & Garden Centre Ltd 2009. All rights reserved.